LMT PJCS/B1, B2, C, D, OR E FELONIES (NEW).

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View NCGA Bill Details(link is external)2011-2012 Session
House Bill 852 (Public) Filed Wednesday, April 6, 2011
TO PROVIDE THAT THE COURT SHALL NOT DISPOSE OF A CRIMINAL ACTION THAT IS A CLASS B, C, D, OR E FELONY BY ORDERING A PRAYER FOR JUDGMENT CONTINUED THAT EXCEEDS TWELVE MONTHS.
Intro. by Spear.
Status: Ref To Com On Judiciary II (Senate Action) (May 2 2011)

Bill History:

H 852

Bill Summaries:

  • Bill H 852 (2011-2012)
    Summary date: Apr 27 2011 - View Summary

    House committee substitute makes the following changes to 1st edtion.
    Amends proposed GS 15A-1331B, clarifying Class B1 and B2 felonies (rather than Class B). Clarifies that at the time the state prays judgment, or 12 months from the date of the prayer for judgment continued order, whichever is earlier, then the court must enter a final judgment unless the court finds that it is in the interest of justice to continue the order for prayer for judgment continued. Provides that the order must be continued for a specific period of time not to exceed 12 months, if the court continues the order for PJC. Prohibits the court from continuing a prayer for judgment continued order for more than one additional 12-month period. Makes a conforming change to the bill title.

    Criminal Justice
  • Bill H 852 (2011-2012)
    Summary date: Apr 8 2011 - View Summary

    Enacts new GS 15A-1331B, as the title indicates. Further requires that if the court enters a prayer for judgment continued in a criminal action that is a Class B, C, D, or E felony, the court must include a condition that the state will pray judgment within 12 months and requires the court to enter a final judgment at the earlier of the time that the state prays judgment or 12 months from the date of the prayer for judgment continued order. Applies to criminal actions heard by the court on or after December 1, 2011.

    Criminal Justice
    GS 15A
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